Is there a possibility that charges can be dropped at sentencing?
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Is there a possibility that charges can be dropped at sentencing?
My boyfriend is found guilty of home
invasion , but there is no physical
evidence and he has no criminal record
Asked on May 28, 2017 under Criminal Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
While no lawyer should ever say that something will "never" happen, I have not heard of charges being dropped at sentencing. Sentencing means that your boyfriend was already, as you acknowledge, found guilty: from the court's perspective regardless of whether there was physical evidence or not, his guilt was already found "beyond a reasonable doubt"--therefore, the lack of physical evidence is wholly irrelevant.
A clean prior record may result in a lesser sentence or punishment, but will not result in dismissing a case where guilt has already been determined.
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